Goganti Sudhakar, v. The State Of Andhra Pradesh Rep. By Its Principal Secretary,
THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.27251 of 2015 ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue writ of Mandamus to declare the action of the 4th and 5th respondent in not registering the complaint given by the petitioner, dt: 14-03-2015 and 04-07-2015, and not initiating any action in pursuance to his complaints intentionally as being illegal, arbitrary, un constitutional and violation of principles of natural justice and violation of provisions of Cr.P.0 and SC & ST (Prevention of Atrocities) Act and consequently direct the respondents 2 to 5 to register the complaint given by the petitioner, dt:14-03-2015 and 04-07-2015, by providing police protection to the petitioner." Heard Sri Sk. Rizwan Ali, learned counsel for the petitioner and learned Government Pleader for Home for respondents, apart from perusing the material available before this Court. Today, when the matter is called, written instructions, dated 01-09-2015 furnished by the Asst. Sub-Inspector of Police, Mangalagiri Police Station, Guntur Urban District have been placed on record by the learned Government Pleader for Home and the said instructions read as under:
"It is respectfully submitted that me contents of the petitioner one Goganti Sudhakar herein stated that he lodged complaint on the above said complaints with the respondent police against Arumalla Lama Reddy, Anukonda Challapalli Tagore stating that they highhandedly interfered, trespassed into his fields and abused him by touching his caste name and destroyed the entire brinjal crop, when he tried to resist them with the help of other farmers he beaten him mercilessly and abused with most filthy language, hence requested to take necessary action.
It is further submitted that as of now no complaint was registered by the petitioner with the respondent police against
the above said Arumalla Lama Reddy. Anukonda Challapalli Tagore, hence the allegations made against the respondent police did not register the compliant on 14.03.2015, 04.07.2015 are false and baseless and denied. It is further submitted that as and when the petitioner approaches the police station for lodging the complainant, the respondent police will take steps to register the case as per Law, and it is also submitted that if he got any order from the competent Court with regard to the protection, the respondent police will ready to give protection."
On noticing the above said instructions, learned counsel for the petitioner has requested this Court to record the said instructions and dispose of the writ petition with a liberty to submit a complaint before the respondent - police authorities. In view of the above, the writ petition stands disposed of, by recording the written instructions, dated 01-09-2015 furnished by the Asst. Sub-Inspector of Police, Mangalagiri Police Station, Guntur Urban and with a liberty to submit appropriate application before the respondent - police authorities.
Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. There shall be no order as to costs. ___________________ A.V. SESHA SAI, J September 02, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI
WRIT PETITION No.27251 of 2015 September 02, 2015 Pn